HomeMy WebLinkAboutOrdinance 2011-1497CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER REINHART
Council Bill No. 24
Ordinance No. 1497
Series 2011
TITLE: AN ORDINANCE CONCERNING DECISIONS OF THE DIRECTOR
OF PUBLIC WORKS
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, in the exercise of these powers, the City Council has adopted
Chapter 26 of the Wheat Ridge Code of Laws ("Code") concerning zoning and
development, and Chapter 13 concerning motor vehicles and traffic; and
WHEREAS, the City Council wishes to provide for a right of appeal from certain
decisions of the Director of Public Works as authorized by said Chapter 26 and to delete
an obsolete provision of Chapter 13 in connection therewith.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-115 of the Wheat Ridge Code of Laws, pertaining to the
authority of the Board of Adjustment, is hereby amended by the addition of a new
subsection E.3, to read as follows:
E. Interpretations. The board of adjustment is empowered to hold public hearings to
decide upon requests for interpretation of certain provisions of this chapter in such a
way as to carry out their intent and purpose. This authority shall extend only to the
following:
1. The basic intent and purpose of words, phrases or paragraphs as applied to a
specific proposal or instance.
2. Use of property as an "other similar use;" however in no instance shall the
board make an interpretation that a particular use may be permitted in a zone
district where that use is specifically enumerated in a higher, that is a more
intensive, zone district.
3. ADMINISTRATIVE DECISIONS TAKEN BY THE DIRECTOR OF PUBLIC
WORKS FOLLOWING FINAL APPROVAL BY THE PLANNING
COMMISSION OR CITY COUNCIL, AS APPROPRIATE, MAY BE
APPEALED TO THE BOARD, WHICH IS EMPOWERED TO REVERSE OR
MODIFY SUCH DECISIONS, IN WHOLE OR IN PART, UPON A SHOWING
BY THE APPLICANT THAT THE EFFECT OF THE DIRECTOR'S DECISION
WOULD IMPOSE A PARTICULAR AND UNIQUE HARDSHIP UPON THE
OWNER OF THE SUBJECT PROPERTY, AS DISTINGUISHED FROM
MERE INCONVENIENCE, AND WHICH HARDSHIP HAS NOT BEEN
CREATED BY ANY PERSON PRESENTLY HAVING AN INTEREST IN THE
SUBJECT PROPERTY.
Section 2. Section 13-1 of the Wheat Ridge Code of Laws, entitled "Standard
manual," is amended by the deletion of reference in subsection (c) thereof to the "Street
Committee of the City Council," as follows:
(c) Review for compliance; requests for placement or removal; appeals. All
traffic regulatory signs and control devices shall be reviewed by the director of
public works or his designee for compliance with the warrants stated in
subsection (b) above. Any requests for placement or removal of regulatory
signs (being defined as stop or yield signs) shall be completed by any person
requesting review, and review shall be made by the public works director, or his
designee, indicating what criteria or warrants as specified above have been met,
or not met, which review shall contain a recommended action to be taken. All
SlolGR reoemmeRelatieRs sl:lall be Slolbmitteel te tl:le street oemmittee ef tl:le oity
oe~oJRoil, wl:lioR sl:lall review aRel eliso~oJss tl:le reoemmeRelatieR. /\Ry JleFSeR
a§§Fieveel by tl:le eleoisieR ef tl:le oity oe~oJRGil's street oemmittee te aJlJlFSve er
elisaJlJlFOVe saiel reoemmeRelatieR may aJlJleal SlolGR eleoisieR te tl:le oity oe~oJRoil
ror tl:le JllolFJlSSe ef ebtaiRiR§ a fiRal eleoisieR from tl:le oity oelolRGil. It is eKJlFessly
stateel l:lereiR tl:lat tl:le aJlJleal JlFeoess sl:lall relate eRiy te WarraRt Ne. (a)
SJleoifieel iR SlolbseotieR (b).
Section 3. Severability. Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 25th day of July, 2011, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for September 12, 2011 at 7:00p.m., in the Council Chambers, 7500 West
291h Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to o , this 12th day of September, 2011. --
SIGNED by the Mayor on this 12th day of september , 2011.
ATTEST:
!§_Jjfib)
Gerald E. Dahl, City Attorney
First Publication: July 28, 2011: August 11, 2011
Second Publication: September 15, 20ll
Wheat Ridge Transcript
Effective Date: September 30, 20 ll